Betty's Best, Inc. v. Yuyao Aggpo Electronic Technology Co. LTD

I. BACKGROUND

On October 25, 2022, Plaintiff filed a complaint against 610 Defendants, alleging violation of its intellectual property through the sale of counterfeit goods on e-commerce stores. (Compl., Dkt. 1, at 1). In conjunction with its complaint, Plaintiff filed a motion for leave to file under seal a motion for a temporary restraining order, (Mot., Dkt. 6), a motion for alternative service of process, (Dkt. 4), and a motion to exceed page limits, (Dkt. 5). The Court granted the motion to file under seal on December 4, 2022.

1 Case 2:22-cv-09096-MCS-JPR Document Filed 12/15/ Page 2 of Page ID #:10164

II. LEGAL STANDARD

A district court may raise the issue of venue sua sponte and may transfer a case when the transferee venue is clearly more convenient than the venue chosen by the Plaintiff. See Silver v. Rausch Strum Israel Enerson & Hornick LLP, No. 3:20-CV-34-K-BN, 2020 WL 109689 at *1 (N.D. Tex. Jan. 9, 2020) (citing Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989)). Section 1404 provides that “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other…